Adopted Ordinance No. 147

ORDINANCE NO. 147 

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE LINDA COUNTY WATER DISTRICT

AMENDING PURCHASING REGULATIONS OF THE DISTRICT CODE

BE IT ORDAINED by the Board of Directors of Linda County Water District as follows:

Section. 1. Purpose and Authority. The purpose of this ordinance is to enact amended regulations, procedures, and policies governing District purchases of supplies and equipment, and approval of contracts for same. This ordinance is adopted pursuant to Water Code sections 30523 and 30579.5, Government Code section 54202, and other applicable law.

Section 2. Code Amendment. Paragraph b. of Section 6.1 and Paragraph c.4 of Section 6.4 of Chapter 6 of the District Code are amended to read as follows:

Section 6.1  Definitions

1. “Expenditure” means any District expenditure, payment, purchase, contract or lease relating to a District expense or cost item, including, but not necessarily limited to, the purchase of Supplies; professional, consultant or service contracts; equipment service, maintenance or repair contracts; utility service accounts and contracts; procurement of insurance and bonds; purchase of fuel, oil or other vehicle maintenance supplies; purchase of computer software; and public works contracts for construction, reconstruction, installation or repair of District improvements, facilities, buildings or structures, or related District purchases of equipment and Supplies to be incorporated into a public work.

Section 6.4  Expenditure Authorization

1. Board Approval; Expenditures Over $25,000 for Supplies.
2. Exceptions. Bidding will not be required for a purchase of Supplies in the following situations: (i) the Board determines that the Supplies can be obtained reasonably and efficiently only from one vendor or supplier; (ii) the Board determines that it is strongly preferred for efficient operations that the Supplies be of a particular model, brand or make in order to match and be compatible with the model, brand or make of existing in-use equipment or facility; (iii) the Supplies are to be purchased through or from the State of California or other federal, state or local government group sale program; (iv) a pre-purchase of equipment or Supplies for a funded public works project in order to ensure that the equipment and supplies are available onsite or immediately deliverable when required for incorporation into the work; or (iv) the Board determines that the nature of the purchase is such that competitive proposals would not produce an advantage and the solicitation of competitive bids therefore would be undesirable, impractical, unattainable, unfeasible or impossible. Any purchase subject to an exception under this subsection must be approved by the Board.

Section 3. Effect of Amendments. Except for the provisions above amended by this ordinance, all provisions of the District Code shall remain unchanged and in full force and effect.

Section 4. Effective Date.  This ordinance shall take effect 30 days after its final passage.

Section 5. Posting.  The District Secretary is directed to post a copy of this ordinance in three public places in the District within 10 days after its adoption.

            PASSED AND ADOPTED by the Board of Directors of the Linda County Water District on the 9th day of August 2022 by the following vote:

AYES:             Knudson, Saunders, McAleer, Whitaker, Stevens

NOES:

ABSTAIN:

ABSENT:

By: ___________________________________

      Cameron Knudson

      President, Board of Directors

Attest:

______________________________

Melinda Thornsberry

District Secretary